Localism Bill

128E: After Clause 47, insert the following new Clause— ““Petitions: special cases in which holding of referendum is discretionary (1) Where a principal local authority has under section 46 made a determination that it is appropriate to hold a local referendum in response to a petition, the authority (if it has not already done so) must cause the petition to be— (a) considered for the purposes of subsection (2) by its chief finance officer, and (b) considered for the purposes of subsections (3) and (4) by the proper officer. (2) The petition is a special-case petition if the authority’s chief finance officer estimates that the cost of holding a local referendum in response to the petition would be more than 5% of the amount last calculated by the authority before it received the petition as its council tax requirement for the financial year in which the petition was received by it. (3) The petition is a special-case petition if the proper officer of the authority is of the opinion that the matter to which the referendum question relates has been, or has substantially been, the subject of at least one local or other referendum held— (a) in the four years ending with the date on which the petition was received by the authority, and (b) in the area to which the petition relates (whether or not in that area alone). (4) The petition is a special-case petition if the proper officer of the authority is of the opinion that— (a) there is a statutory process and it is the case, or is substantially the case, that the process involves giving— (i) members of the public, or (ii) members of a section of the public, an opportunity to make representations in relation to the matter, and (b) it is the case, or is substantially the case, that persons adversely affected by the matter or a decision made in relation to it have— (i) a statutory right of appeal in respect of the substance of the matter or decision, or (ii) a statutory right to instigate a review of the substance of the matter or decision. (5) A person is not to be taken as having a right within subsection (4)(b)(i) or (ii) as a result of being able to— (a) make an application for judicial review, (b) make a complaint under Part 3 of the Local Government Act 1974 to a Local Commissioner, or (c) make a complaint to a housing ombudsman under a scheme approved for the purposes of Schedule 2 to the Housing Act 1996. (6) In this section— ““council tax requirement””, in relation to the Greater London Authority and a year, means the aggregate of— (a) the component council tax requirement for the year for the London Assembly, and (b) the component council tax requirement for the year for the Mayor of London; ““chief finance officer””, in relation to a principal local authority, means the officer having responsibility, for the purposes of— (a) section 151 of the Local Government Act 1972, (b) section 6 of the Local Government and Housing Act 1989, or (c) section 127(2) of the Greater London Authority Act 1999, for the administration of the authority’s financial affairs; ““the referendum question”” has the meaning given by section 47(7); ““statutory”” means provided for by an Act or an instrument made under an Act.”” Amendment 128EZA (to Amendment 128E) not moved. Amendment 128E agreed. Clause 48 : Action following determination in response to petition Clause 48 : Action following determination in response to petition Amendment 128EA not moved. Amendments 128F and 128G Moved by